| August 18, 2003 MINUTES OF COUNCIL A regular session of Troy City Council was held Monday, August 18, 2003, at 7:00 p.m. in Council Chambers. Members Present: Baker, Beamish, Bretland, Cultice, Mercer, Saxton and Wise. Presiding Officer: William F. Lohrer, President of Council Others Present: Peter E. Jenkins, Mayor David E. Anderson, Director of Public Service & Safety W. McGregor Dixon, Jr., Director of Law R. Craig Helmer, Auditor INVOCATION: given by Council President Lohrer. PUBLIC HEARING: At 7:02 p.m., Mr. Lohrer declared open a public hearing on Ordinance No. O-46-03. There were no comments in this regard, and at 7:04 p.m. Mr. Lohrer declared the public hearing closed. MINUTES: The Clerk gave a summary of the August 4, 2003 meeting of Council. There were no corrections or additions, and upon motion of Mr. Beamish, seconded by Mrs. Baker, these minutes were approved by unanimous roll call vote. COMMITTEE REPORTS: FINANCE COMMITTEE: Mr. Beamish, Chairman, reported as follows: 1) Committee recommends legislation be prepared authorizing the following loans that will deplete the balance of the Downtown Building Repair Loan Program: $20,000 Moreland Properties, 5 S. Market St.; $24,095 Charlotte Ann Thomas, 121 E. Franklin St.; $30,900 Wade & Susan Westfall, 127 S. Market St.; $81,930 Blaco, Ltd., 12 S. Market St. 2) Committee recommends approval of emergency legislation to establish a Tax Increment Financing (TIF) District, and all necessary agreements and funds, for the area south of United Retail, west of I-75, north of W. Main and East of Experiment Farm Rd. for funding to complete the roadway known as Towne Park Drive, with the Troy School District to be held whole based on the agreement reached with the District (including sharing of income tax for any new employer in the TIF with payroll over $1 Million annually based on the enterprise zone formula). Reports signed by Cultice, Mercer and Beamish. LAW & ORDINANCE. Mrs. Saxton, Chairman, reported that Committee, in discussions with Council had formulated wording to amend the Rules of Council regarding public comment pertinent to pending legislative items prior to Council action on legislation and asked that the wording be approved. (copy of report attached to original minutes). Report signed by Beamish, Mercer and Saxton. Upon motion of Bretland, seconded by Mrs. Saxton, the Law & Ordinance Committee report regarding Council rules was approved by unanimous roll call vote. RESOLUTION NO. R-53-03 RESOLUTION APPROVING THE APPLICATION OF MORELAND PROPERTIES, INC. FOR ASSISTANCE FROM THE CITY OF TROY’S DOWNTOWN BUILDING REPAIR LOAN PROGRAM This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Baker, Cultice, Mercer, Saxton, Bretland, Wise and Beamish. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Cultice. Yes: Cultice, Mercer, Saxton, Bretland, Wise, Beamish and Baker. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-54-03 RESOLUTION APPROVING THE APPLICATION OF CHARLOTTE ANN THOMAS, FOR ASSISTANCE FROM THE CITY OF TROY’S DOWNTOWN BUILDING REPAIR LOAN PROGRAM This Resolution was given first title reading. 8-18-03 page 2 Mrs. Saxton moved for suspension of rules requiring three readings. Motion seconded by Mr. Beamish. Yes: Mercer, Saxton, Bretland, Wise, Beamish, Baker and Cultice. No: None. Mrs. Saxton moved for adoption. Motion seconded by Mrs. Baker. Yes: Saxton, Bretland, Wise, Beamish, Baker, Cultice and Mercer. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-55-03 RESOLUTION APPROVING THE APPLICATION OF WADE AND SUSAN WESTFALL FOR ASSISTANCE FROM THE CITY OF TROY’S DOWNTOWN BUILDING REPAIR LOAN PROGRAM This Resolution was given first title reading. Mrs. Baker moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Bretland, Wise, Beamish, Baker, Cultice, Mercer and Saxton. No: None. Mr. Beamish moved for adoption. Motion seconded by Mr. Cultice. Yes: Wise, Beamish, Baker, Cultice, Mercer, Saxton and Bretland. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-56-03 RESOLUTION APPROVING THE APPLICATION OF BLACO, LTD. FOR ASSISTANCE FROM THE CITY OF TROY’S DOWNTOWN BUILDING REPAIR LOAN PROGRAM This Resolution was given first title reading. Mr. Beamish moved for suspension of rules requiring three readings. Motion seconded by Mrs. Saxton. Yes: Beamish, Baker, Cultice, Mercer, Saxton, Bretland and Wise. No: None. Mr. Beamish moved for adoption. Motion seconded by Mrs. Baker. Yes: Baker, Cultice, Mercer, Saxton, Bretland, Wise and Beamish. No: None. RESOLUTION ADOPTED RESOLUTION NO. R-57-03 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITY OF TROY, OHIO, TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT ROADWAY EXTENSION OF TOWNE PARK DRIVE This Resolution was given first title reading. Mr. Cultice moved for suspension of rules requiring three readings. Motion seconded by Mrs. Baker. Yes: Cultice, Mercer, Saxton, Bretland, Wise, Beamish and Baker. No: None. Mr. Cultice moved for adoption. Motion seconded by Mr. Beamish. Yes: Mercer, Saxton, Bretland, Wise, Beamish, Baker and Cultice. No: None. RESOLUTION ADOPTED ORDINANCE NO. O-45-03 AN ORDINANCE DECLARING IMPROVEMENTS TO CERTAIN PARCELS OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE DIRECTLY BENEFITING THOSE PARCELS, REQUIRING THE OWNERS OF THOSE PARELS TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF SUCH SERVICE PAYMENTS AND PROVIDING FOR THE PAYMENT OF A PORTION OF THOSE SERVICE PAYMENTS TO THE TROY CITY SCHOOL DISTRICT; APPROVING AND AUTHORIZING A FORM OF TAX INCREMENT FINANCING AGREEMENT AND COMPENSATION AGREEMENT; AND DECLARING AN EMERGENCY This Ordinance was given first title reading. 8-18-03 page 3 Mr. Mercer moved for suspension of rules requiring three readings. Motion seconded by Mr. Cultice. Yes: Saxton, Bretland, Wise, Beamish, Baker, Cultice and Mercer. No: None. Mr. Mercer moved for adoption. Motion seconded by Mrs. Saxton. Yes: Bretland, Beamish, Baker, Cultice, Mercer and Saxton. No: Wise. ORDINANCE ADOPTED ORDINANCE NO. O-46-03 ORDINANCE AMENDING SECTIONS 1000.00310.02 AND 1000.11770(I) AND ENACTING SECTIONS 1000.00310.021, 1000.00310.022, 1000.00310.023, 1000.00350.061, 1000.00350.062, 1000.00440.051, 1000.00490.021, 1000.00490.022, 1000.00490.031, 1000.00490.071, AND 1000.00490.072 OF THE ZONING CODE OF THE CITY OF TROY, OHIO RELATED TO SEXUALLY ORIENTED BUSINESSES AND THEIR REGULATION IN THE CITY OF TROY, OHIO AND REGARDING DEFINITIONS RELATED THERETO AND DECLARING AN EMERGENCY This Ordinance was given first title reading. MAYOR’S COMMENTS: Mayor Jenkins commented: 1) Thanks are due all the offices and departments that assisted with the events over the past weekend (Festival of Nations and Mayors Concert). 2) Cleanup continues on the Stadium Renovation project in preparation of the first football game and rededication ceremony. 3) The 20 J. Steward Johnson sculptures that have been in Troy all summer will be leaving the City this week. The sculptures brought a number of people into Troy. 4) With all the events, it has been a great summer for the downtown. SERVICE & SAFETY DIRECTOR COMMENTS: Mr. Anderson commented that the combined efforts of Mr. Dixon, Director of Law, the County Prosecutor and the Police Dept. are commended in the legal action against Total Xposure, the adult entertainment facility. COUNCIL COMMENTS: .Mrs. Baker commented that it was good to hear about the Dayton Gems Junior Hockey Team’s use of the Hobart Arena as the home ice. .Mrs. Saxton asked about the opening of the Super Wal-Mart Store, and was advised the Wal-Mart would like to complete renovations for the upcoming holiday season. .Mr. Cultice noted that the property purchased by the City at 1161 W. Main Street may soon be demolished. AUDIENCE COMMENTS: .Jean Melvin, 25 N. Walnut, commented about the many wonderful activities in the downtown the past summer, and noted that sometimes it takes the positive comments of visitors to make residents realize the value of all the events and what a great downtown Troy has. Several citizens spoke opposing the City’s plan to demolish the Gillis property at 210 E. Main (purchased authorized by O-41-03 at the August 4 meeting) and possible plans to purchase other properties near downtown and demolish those properties for parking lots. The following commented: -Deb Matthews, 713 E. Canal, questioned if the Gillis property is in the historic district. Mr. Anderson stated the City had contacted the Ohio Historical Society to determine if the structure has historic significance prior to taking further action and will also address any asbestos issues. In response to questions, Mr. Anderson stated the City may not make the purchase if definite historic significance is determined. -Elmer Jordan, 2586 Brookview Drive, stated he felt there may be historic significance regarding the Miami-Erie Canal associated with a Canal Street property the City may be looking to have demolished, as it may have been the Canal Keeper’s residence, and he feels areas adjacent to the former canal are best served as recreational trails if existing structures no longer exist. -Gerald Harrod, 323 E. Main Street, stated he feels a house that is 156 years old has to have historic significance, and expressed concern that the 4th Ward will be known for halfway houses, soup kitchens and parking lots. He further suggested there are non-historic properties in poor repair the City should first address. -Rosaleen Raymond, 31 N. Walnut, stated Troy Main Street had previously not supported tearing down houses for parking lots, and asked that the Gillis house not be torn down. -Carolyn Hillman, 121 S. Walnut Street, commented: she likes the sound wall, the area she lives in is becoming rental units with absentee landlords; it is a transient population; properties like this create a life style that she does not want to bring kids up in; Kettering requires rental owners to register with City; Kettering has a program to keep out slum landlords by matching up to $5,000 of down payment with the owner required to lived in the structure for 10 years to 8-18-03 Page Four maintain single family use; Troy should establish a program to match down payments to bring people downtown and keep pride in the area; such a program would preclude attracting a certain type of person to an area; as a member of the Board of Architectural Review (board no longer in existence) she saw owners taking all kinds of money out of a property and putting nothing in as there is no incentive; the fact that the Gillis house has been added on to does not detract from it at all or render it non-historic; she is against taking down Gillis house; Council needs to come see the neighborhoods; to see real work in the neighborhoods, you need to have incentives to bring ownership to downtown homes. -Karen Purk, 1125 Westridge, asked if the Gillis property is in the Troy Historic District, and was told that it is. Mrs. Purk read from Ordinances regarding the Historic District and commented that an 1830s house in the District is signification and important to perception of people coming into the City and seeing what we have to offer. She stated she is in favor of parking downtown, but believes there are unexplored options, and asked if Council would review the study regarding alleys and parking lot improvements before taking action to tear down historic buildings. Mr. Lohrer asked Mrs. Purk, as President of the Troy Historical Society, about that organization purchasing the Gillis property if they sought to preserve it. Mrs. Purk stated she was trying to find interested private purchasers. Mr. Anderson stated that he would be willing to meet and discuss the Gillis property with interested persons and hear what they had to offer as alternatives, and noted that the City has requested the due diligence of contacting the Ohio Historical Society and seeking an asbestos inspection before proceeding. There being no further business, the meeting adjourned at 7:59 p.m. _______________/s/_________________ _________________/s/___________________ President of Council Clerk of Council |